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A-76 POLICY UPDATE FY00-4: UNION PARTICIPATION IN A-76 COST;COMPARISONS AND A-76 ETHICAL ISSUES 

R 160238Z AUG 00
  FM CMC WASHINGTON DC//L//
  TO MARADMIN
  INFO COMNAVFACENGCOM WASHINGTON DC//ACQ//
  COMNAVSUPSYSCOM MECHANICSBURG PA//02//
  BT
  UNCLAS  //N01000//
  MARADMIN 401/00
  MSGID/GENADMIN/CMC L//
  SUBJ/A-76 POLICY UPDATE FY00-4: UNION PARTICIPATION IN A-76 COST
  COMPARISONS AND A-76 ETHICAL ISSUES//
  REF/A/DOC/CMC/YMD:920114//
  REF/B/DOC/CMC/YMD:000401//
  REF/C/LTR/CMC/YMD:000502//
  NARR/REF A IS MARINE CORPS ORDER 4860.3D, SUBJ:  COMMERCIAL
  ACTIVITIES PROGRAM, WHICH PROVIDES POLICY FOR IMPLEMENTING OMB
  CIRCULAR A-76 WITHIN THE MARINE CORPS.  REF B IS "A GUIDE TO ETHICAL
  ISSUES AND RIGHT OF FIRST REFUSAL CONSIDERATIONS IN A-76 STUDIES AT
  MARINE CORPS ACTIVITIES," ISSUED BY HQMC(MPO-37). REF C, SUBJ:  THE
  NON-DISCLOSURE OF SENSITIVE DATA ASSOCIATED WITH INSTALLATION REFORM
  INITIATIVES, WAS ISSUED BY ADC I&L ON 2 MAY 2000.//
  RMKS/1.  THIS MARADMIN PROVIDES GUIDANCE ON SEVERAL RELATED ETHICAL
  AND LABOR RELATIONS ISSUES THAT MAY EMERGE FROM PARTICIPATION IN A-76
  COST COMPARISON STUDIES.  THIS GUIDANCE WILL BE INCORRPORTED INTO    
      THE NEXT REVISION OF REF A.
  2.  IT IS MARINE CORPS POLICY TO INVOLVE AFFECTED EMPLOYEES AND THEIR
  UNION REPRESENTATIVES IN A-76 STUDIES TO THE MAXIMUM EXTENT
  PERMITTED BY LAW AND REGULATION.  EXPOSURE TO SENSITIVE DATA INVOLVED
  IN THE A-76 STUDY PROCESS MAY, HOWEVER, RAISE ISSUES CONCERNING
  POST-EMPLOYMENT CONFLICTS OF INTEREST THAT MAY IN TURN JEOPARDIZE
  EMPLOYEES' RIGHTS OF FIRST REFUSAL.  THIS MARADMIN ADDRESSES THESE
  ISSUES FROM THREE RELATED PERSPECTIVES:  ONE, PARTICIPATION OF UNION
  MEMBERS IN A-76 STUDIES;  TWO, A-76 ETHICAL ISSUES; AND, THREE, USE
  OF NON-DISCLOSURE STATEMENTS IN A-76 STUDIES.
  3.  UNION PARTICIPATION ON A-76 STUDY TEAMS:  UNION MEMBERS MAY
  PARTICIPATE AS MEMBERS OF A-76 STUDY TEAMS, BUT CONSIDERATION SHOULD
  BE GIVEN TO RESTRICTING THEIR PARTICIPATION WHEN IT MAY INFRINGE UPON
  MANAGEMENT RIGHTS OR MAY JEOPARDIZE THE UNION MEMBERS' RIGHTS OF
  FIRST REFUSAL:
      A.  MANAGEMENT WILL CONTINUE TO ENCOURAGE UNION MEMBERS TO
  PROVIDE SUGGESTIONS FOR IMPROVING BOTH THE PERFORMANCE WORK
  STATEMENT (PWS) AND THE OVERALL EFFICIENCY AND EFFECTIVENESS OF THE    
      FUNCTIONS UNDER STUDY  UNION MEMBERS MAY, HOWEVER, BE RESTRICTED
  FROM PARTICIPATING IN THE SOURCE SELECTION PROCESS AND IN THE DIRECT
  DECISION MAKING PROCESSES ASSOCIATED WITH MANAGEMENT'S DEVELOPMENT
  AND APPROVAL OF ITS MOST EFFICIENT ORGANIZATION (MEO).  WHEN UNION
  MEMBERS' PARTICIPATION IS RESTRICTED, MANAGEMENT SHOULD BE DESIGNATED
  "ADVISORS."
      B.  BY DESIGNATING UNION MEMBERS AS "ADVISORS," MANAGEMENT
  CONVEYS THAT THE UNION MEMBERS MAY NOT BE INVITED TO ALL MEETINGS OF
  THE A-76 TEAM AND MAY NOT BE GIVEN ACCESS TO SOME INFORMATION
  INVOLVING MANAGEMENT DECISIONS.  THE USE OF AN "ADVISORS"
  DESIGNATION AVOIDS MISUNDERSTANDINGS THAT CAN ARISE FROM TELLING
  UNION MEMBERS THEY ARE CA TEAM MEMBERS BUT THEN LATER EXCLUDING THEM
  FROM MEETINGS OR DENYING THEM ACCESS TO SENSATIVE INFORMATION.
  DOCUMENTATION OF ALL MEETINGS AND ATTENDEES SHOULD BE MAINTAINED FOR
  RECORD PURPOSES.
      C.  FEDERAL LABOR RELATIONS AUTHORITY (FLRA) PRECEDENTS SUPPORT
  RESTRICTING UNION PARTICIPATION WHERE APPROPRIATE.  BECAUSE THE WORK
  OF MANAGEMENT ANALYSTS WHO ASSIST IN DEVELOPING AN A-76 MEO AND IN    
      MAKING RECOMMENDATIONS TO MANAGEMENT IS CONSIDERED CONFIDENTIAL AND
  INVOLVES RETAINED MANAGEMENT RIGHTS, FLRA DECISIONS HAVE EXCLUDED
  THEM FROM BARGAINING UNIT MEMBERSHIP.
      D.  UNION REPRESENTATIVES CAN AND SHOULD BE KEY PLAYERS IN THE
  A-76 COST COMPARISON PROCESS.  THEY CAN BE INVALUABLE IN GAINING THE
  CONFIDENCE OF RANK AND FILE EMPLOYEES AND IN ENCOURAGING THEIR
  PARTICIPATION IN THE PROCESS, IN KEEPING EMPLOYEES INFORMED, OFFERING
  IDEAS FOR REORGANIZATION OF WORK, IN EXPLAINING HOW THINGS REALLY
  WORK (THE INFORMAL SYSTEMS) AS OPPOSED TO HOW MANAGEMENT BELIEVES
  THEY WORK, IN COLLECTING DATA, IN DEVELOPING THE PWS, IN ASSISTING
  WITH TRANSITION PLANNING, AND IN OTHER AREAS.  AS SUCH, COMMANDS
  SHOULD ENCOURAGE THE ACTIVE INVOLVEMENT OF UNION MEMBERS IN THESE
  KINDS OF ACTIVITIES THROUGHOUT THE A-76 PROCESS.  PARTICIPATION
  SHOULD BE RESTRICTED WHEN IT MAY INFRINGE UPON MANAGEMENT RIGHTS OR
  ADVERSELY EFFECT THE UNION MEMBERS' ABILITY TO EXERCISE THEIR RIGHT
  OF FIRST REFUSAL.
  4.  A-76 ETHICAL ISSUES:  REF B PROVIDES A GUIDELINES AND A    
      MATRIX, "AVOIDING CONFLICTS," TO ASSIST AFFECTED EMPLOYEES AND THEIR
  LOCAL ETHICS COUNSELORS IN IDENTIFYING ETHICAL ISSUES
  THAT CAN ARISE FROM PARTICIPATING IN AN A-76 STUDY, ESPECIALLY
  IMPACTS UPON AN EMPLOYEE'S ABILITY TO EXERCISE A RIGHT OF FIRST
  REFUSAL.  THE NARRATIVE PORTION OF THE GUIDE PROVIDES DISCUSSION
  ORIENTED PRINCIPALLY TO ETHICS COUNSELORS AND LEGAL ADVISORS.  THE
  MATRIX, "AVOIDING CONFLICTS," IS DESIGNED TO BE A REFERENCE FOR
  EMPLOYEES INVOLVED IN A-76 STUDIES.  THE GUIDELINES AND
  MATRIX ARE ADVISORY IN NATURE.  ALL CASES ARE FACT SPECIFIC AND AN
  EMPLOYEE'S INDIVIDUAL CIRCUMSTANCES COULD IMPACT HIS OR HER RIGHTS
  AND OBLIGATIONS UNDER FEDERAL LAW AND DOD/DON/MARINE CORPS GUIDANCE.
  FOR THIS REASON, EACH EMPLOYEE SHOULD CONTACT BOTH HIS/HER IMMEDIATE
  SUPERVISOR AND HIS/HER LOCAL ETHICS COUNSELOR FOR SPECIFIC GUIDANCE
  AND ADVICE IN EACH INDIVIDUAL CASE.  A COPY OF REF B HAS BEEN POSTED
  IN THE A-76 SECTION OF THE INSTALLATION REFORM OFFICE'S WEB-SITE AT
  WWW.HQMC.USMC.MIL/LRWEB.NSF/.
  5.  NON-DISCLOSURE STATEMENT:  TO PROTECT THE INTEGRITY OF THE A-76    
      PROCESS AND TO SAFEGUARD THE GOVERNMENT'S MANAGEMENT PLAN AND ITS
  MOST EFFICIENT ORGANIZATION, ALL MEMBERS OF THE A-76 TEAM, BOTH
  "CORE" MEMBERS AND "ADVISORY" MEMBERS, ALONG WITH THE OTHER PERSONNEL
  DESIGNATED IN REF C, MUST SIGN NON-DISCLOSURE STATEMENTS.  IN
  ADDITION TO A-76 TEAM MEMBERS, PERSONNEL HAVING ACCESS TO OTHER KINDS
  OF SENSITIVE DATA, SUCH AS ACTIVITY BASED COSTING DATA AT A
  DEPARTMENTAL OR BASE-WIDE LEVEL, WHICH COULD, IF DISCLOSED, HAVE AN
  IMPACT ON THE INTEGRITY OF THE A-76 PROCESS, ALSO MUST SIGN
  NON-DICLOSURE STATEMENTS.  PERSONNEL PARTICIPATING IN THE KIND OF
  TASKS DISCUSSED IN PARAGRAPH 3.D., HOWEVER, WOULD NOT NEED TO SIGN
  NON-DISCLOSURE STATEMENTS BECAUSE THIS KIND OF PARTICIPATION LACKS
  ACCESS TO THE SENSITIVE DATA IN THE GOVERNMENT'S MANAGEMENT PLAN AND
  WILL NOT IMPACT THE INTEGRITY OF THE A-76 PROCESS.  REF C AND ITS
  ENCLOSED NON-DISCLOSURE STATEMENT FOR GOVERNMENT EMPLOYEES IS ALSO
  POSTED IN THE A-76 SECTION OF THE INSTALLATION REFORM OFFICE'S
  WEB-SITE.
  6.  ANY QUESTIONS CONCERNING APPLICATION OF THE GUIDANCE IN THIS    
      MARADMIN SHOULD BE REFERRED TO THE LOCAL LABOR RELATIONS ADVISOR, THE
  LOCAL ETHICS ADVISOR, OR THE OFFICE OF COUNSEL FOR THE COMMANDANT'S
  FIELD COUNSEL AS APPROPRIATE.//
  BT