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

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.

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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