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 2. Operating Procedures for Nonconstruction Contractors

2.1 Data Requirements

2.1.1 For all nonconstruction contractors at each NASA Center, the Center Industrial Relations Officer is required to compile and keep current at all times:

a. A roster of all onsite contractors and their subcontractors reflecting the following:

(1) Description of work scope.

(2) Whether employees are represented by a labor union and the number of employees represented by each union.

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

(4) Expiration date of labor agreements.

(5) Copy of current labor agreements.

b. Name of appropriate representative of nearest office of the National Labor Relations Board (NLRB).

c. Name of appropriate representatives of local Federal Mediation and Conciliation Service (FMCS).

d. Copies of local state labor regulations and the name of the agency designated to monitor labor disputes.

e. Detailed map of the NASA Center, reflecting locations of all gates.

2.2 Labor Contract Negotiations

2.2.1 Prior to the beginning of negotiations, the Center Industrial Relations Officer is responsible for obtaining the following information from the contractor:

a. Name and title of labor union and contractor spokesperson.

b. Whether the parties are negotiating an initial labor agreement or a renewal.

c. If a renewal, whether the current labor agreement requires notification by the parties of an intent to terminate the labor agreement prior to strike action.

2.2.2 The Center Industrial Relations Officer shall:

a. Require all onsite contractors to advise the Center Industrial Relations Officer of the date negotiations are scheduled to begin.

b. Contact the contractor spokesperson soon after negotiations begin and before an impasse is reached.

c. Request an up-to-date status on the negotiations at appropriate intervals from the contractor spokesperson.

2.3 Requirements for a Potential Impasse or Strike Action

2.3.1 When it appears that the parties may reach an impasse, the Center Industrial Relations Officer is required to take the following actions:

a. Advise the following personnel as soon as practicable of the situation:

(1) Agency Industrial Relations Officer.

(2) The NASA Center Chief Counsel and other appropriate Center management officials.

(3) The NASA Center Procurement Officer.

b. If FMCS has not yet entered into negotiations, request that they to do so. (Either party, or NASA, may initiate the request.)

c. Request from the contractor and/or the mediator the real issues in dispute between the parties.

d. Request that the potential struck contractor provide NASA with their contingency plan prior to a strike occurring if services are expected to continue.

e. Review the “Action Checklist for Potential Impasse and Strike Notice Action Checklist When Impasses May Be Near.” (Appendix C)

2.3.2 NASA Center management is required to:

a. Assess the impact that a strike would have upon any critical NASA Center operation and advise appropriate NASA Headquarters management officials, including the Agency Industrial Relations Officer.

b. Anticipate the reactions of neutral contractors and their respective employees should strike action involving another contractor located at the NASA Center occur.

2.3.3 NASA Center Labor relations representative should:

a. Request from the contractor and/or the mediator the real issues in dispute between the parties.

b. Develop a contingency plan of its own (separate from that provided by a contractor) in the event of a strike. This contingency plan is required to be furnished to the Agency Industrial Relations Officer.

c. Prepare for the implementation of the “reserve gate” procedure (see ch. 4).

d. For Centers co-located with or located on military facilities advise the local military commander of the potential strike and request an assessment of the impact on the military operations.

e. Advise Center Protective Services representative and request an assessment of the impact on the NASA operations.

f. Request from the mediator the labor union’s assurance of a 24-hour notice of any strike action.

2.3.4 NASA officials are not authorized to make any news releases without prior approval of the NASA Center’s Public Affairs Office, the Chief Counsel, and the Center Industrial Relations Officer. Any news releases or comments of NASA officials to the news media is required to reflect NASA’s impartiality and cannot contain comments on any issues in dispute between the contractor and the labor union. Requests for reports on the status of negotiations or meeting times and places should be referred to the contractor, the labor union, and FMCS.

2.4 Strike Notice

2.4.1 After receiving a strike notice from the mediator, union, or contractor, the NASA Center Industrial Relations Officer is required to take the following actions:

a. Advise the following personnel as soon as practicable of the situation:

(1) Agency Industrial Relations Officer.

(2) The Center Chief Counsel and other appropriate NASA Center management officials.

(3) The Center Procurement Officer.

b. Establish themselves as the focal point of contact in any matters regarding the strike.

c. Send written notification, signed by the Center Director and, when applicable, the Military Commander, (or their designees) to the struck contractor and to the union advising both of the “reserve gate” procedure located in ch. 4 of this directive. (Appendix D)

d. Ensure that “neutral gate” and “reserve gate” signs are ready for use. If time permits, signs may be placed and covered until needed. (Appendix E)

e. Obtain periodic and current reports from each gate regarding picketing or other forms of demonstration.

f. Advise local law enforcement officials of the impending strike.

g. Implement the “reserve gate” procedure outlined in ch. 4 of this directive.

h. Make arrangements to have photographic resources available to take pictures of gates, pickets, pickets’ signs, and “reserve gate” signs.

i. Advise the regional attorney for the NLRB of the impending strike.

j. If the union does not adhere to the “reserve gate” procedure, consider going to NLRB for injunctive action. See sec. 4.3 of this directive.

k. Review the “Action Checklist for Potential Impasse and Strike Notice Action Checklist When Impasses May Be Near.” (Appendix C)

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