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.//
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