NASA Procedural Requirements

NPR 5200.1E Effective Date: August 13, 2019 Expiration Date: August 13, 2024

Subject: Industrial Labor Relations

Responsible Office: Office of Procurement

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 applicable, enter military name) defense programs.

7. It is hoped that the issues in dispute are resolved, eliminating any necessity for the enforcement of these procedures. We trust that all the parties involved in this matter will understand the Government’s necessity for taking these steps and will cooperate fully in their implementation.

Questions regarding the above procedure is restricted to (Center Industrial Relations Officer name), (NASA Center name) Industrial Relations Officer, at (Center Industrial Relations Officer’ phone number and e-mail address).

_________________ Signed by NASA Center Director or Designee

_________________ Also, if appropriate, jointly signed by Military Commander or Designee

Notes (Not to be included in letter):

Send copy to Struck Contractor

*If it is absolutely necessary, two gates may be designated; if so, then make appropriate references in the body of the letter.

**In cases in which struck work has been subcontracted, the subcontractor employees and suppliers of the struck contractor shall also use the “reserve gate” and are subject to the same procedures as the struck contractor employers and the struck contactor’s suppliers.

D.2 NASA Letter to the Struck Contractor on Designated “Reserve Gate”

Note: Send a copy to union.

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 activity 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 is 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 applicable, enter military name) defense programs.

7. It is hoped that the issues in dispute are resolved, eliminating any necessity for the enforcement of these procedures. We trust that all the parties involved in this matter will understand the Government’s necessity for taking these steps and will cooperate fully in their implementation.

8. In accordance with FAR 22.101-3 and NFS 1822.101-1 Reporting Labor Disputes, (struck contractor name) shall provide the following information:

a. A roster of all onsite contractors and their subcontractors affected by labor dispute.

b. Description of work scope that may be potentially or actually impacted by labor dispute.

c. Whether employees are represented by a labor union and the number of employees represented by each union,

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

e. Expiration date of labor agreements.

f. Copy of current labor agreements.

9. (struck contractor name) is required to notify in writing, all of your employees, officials, representatives, and suppliers of these procedures. They are required to inform struck workers that in the event of picketing activity, relative to this dispute, they are required to use the designated “reserve gate” during the labor dispute. Also, (struck contractor name) shall collect all struck employees regular access badge/car decal. There can be no exceptions concerning either entering or leaving (NASA Center name) for all of (struck contractor name) struck workers. Questions regarding the above procedure is restricted to (Center Industrial Relations Officer name), (NASA Center name) Industrial Relations Officer, at (Center Industrial Relations Officer’ phone number and e-mail address)

________________ Signed by NASA Center Director or Designee
________________ Also, if appropriate, jointly signed by Military Commander or Designee

Notes (Not to be included in letter):

Send copy to struck contractor.

*If it is absolutely necessary, two gates may be designated; if so, then make appropriate references in the body of the letter.

**In cases in which struck work has been subcontracted, the subcontractor employees and suppliers of the struck contractor shall also use the “reserve gate” and are subject to the same procedures as the struck contractor employers and the struck contactor’s suppliers.

DISTRIBUTION:
NODIS

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.