NASA’s achievements in space exploration, science, and aeronautics have inspired the world. With a dedicated and capable workforce, NASA remains one of the best places to work in the Federal Government. But NASA OGC’s reorganization into an enterprise model has challenged the entire NASA legal community.
A union-represented NASA OGC will give its most important asset–its people–a collective voice and a seat at the table with OGC management. A union of NASA’s non-supervisory attorneys will allow us to advocate on behalf of our legal workforce.
The MAP reorganization has been marked by uncertainty, communications breakdowns, and new policies (often short-lived) that haven’t matched the moment. NASA OGC can do better, but to do so, it needs to hear from its workforce. A union provides us with the opportunity to help chart the future course of our legal community.
Advocating for an OGC Enterprise that Works for All of Us. A union will +enable the legal workforce to have a voice in OGC’s continuing evolution. Once recognized as a union, we will gain rights to negotiate with OGC management over the impact of emerging issues such as tracking our time at the CLF level, what metrics the agency will collect and how it will use those metrics, and how actions will be tracked within the Enterprise (such as through Legal Files). Unionization will provide much-needed transparency and communication between the workforce and management.
A Fair and Equitable Promotions Policy for Attorneys and NLAPs. We will advocate to set forth unambiguous requirements and timelines for promotions, including accretions promotions and term to perm conversions, so that everyone knows where they stand in the process.
A Forward-Looking Telework and Remote Work Policy. Post-COVID, the work world has drastically changed, and NASA OGC should be a leader within NASA in embracing these flexibilities. We will advocate for a telework and remote work policy that gives every interested employee the ability to telework (including to the fullest extent permitted by existing regulations) or to work remotely, if their job can be performed outside the office.
Negotiating over How Work is Assigned. OGC’s establishment of Core Legal Functions (CLFs) has brought significant uncertainty as to how OGC will make work assignments in the future. We will bargain over the impact and implementation of new policies, and will advocate for procedures that minimize administrative burden and equitably distribute legal work so that employees can focus on providing the best possible legal services to NASA.
Improved Communications and a Voice for the Legal Workforce. The NASA OGC union will be the NASA legal community’s advocate to express our ideas and concerns with NASA management. Today, nearly all OGC management decisions are top-down decisions, communicated after the fact, with minimal input from the larger legal community. After we’ve organized into a union, management will be required to notify the union of these proposed changes beforehand, giving us the opportunity to make sure our ideas and concerns are heard by OGC management. With our help, the end result will be better management decisions that have been informed by the entire NASA legal community.
Q&A
I’m a professional, what do unions have to do with me? Coming together with your colleagues to form a union is about securing a voice at work and a fair seat at the table with your employer. A union brings together the collective strength of you and your co-workers to address issues of workload, hiring, promotions, personnel policies, and other terms of your employment. A union gives you equal footing with your employer to negotiate a contract that protects what you like about your workplace and improve what you don’t. A union ensures professional dignity and respect in the workplace.
Who is the International Federation of Professional and Technical Engineers (IFPTE)? IFPTE is a member driven, nonprofit union made up of autonomous local affiliates in the U.S. and Canada. IFPTE fights for the rights of more than 85,000 people in professional and technical occupations—in fields such as engineering, health care, science, research, and law at diverse employers such as Boeing, Economic Policy Institute, Legal Aid at Work, ACLU and many others. In the Federal Sector IFPTE represents members at places like NASA, SSA, EPA, DOJ, and DOE among others, including occupations such as Administrative Law Judges.
Who is the NASA Headquarters Professional Association (NHPA)? Engineers and Scientists at NASA Headquarters organized into the NHPA decades ago, and recently the Administrative Staff at HQ joined as an additional bargaining unit, similar to how we would be joining NHPA. This allows us to take advantage of the hard work and experience that our colleagues have in negotiating with NASA leadership, while being able to address things that may be unique to the legal community.
What does it mean to form a union? All it takes to form a union is the support of a majority of non-managerial staff at your workplace. The process begins as staff work to share information, collect feedback, and build support among their coworkers for the union. Once a majority of staff have privately indicated their support for the union by signing an authorization card, followed by a vote run by the Federal Labor Relations Authority, the union is formed and negotiations with the employer begin.
How does bargaining work? Negotiations begin with current working conditions as a baseline. Members identify which issues are most important to them; areas that need improvement are often prioritized in bargaining. Negotiations can include anything that affects the conditions of your employment (outside of pay and benefits for those on the GS scale). IFPTE members have negotiated for:
Representational benefits under 5 U.S.C. for all bargaining unit employees
Bargaining the Impact and Implementation of new policies
Protecting whistleblowers and others from retaliation
Weingarten rights (counsel during an investigation)
Grievances and other dispute resolution tactics (goal is to find solutions)
How does the union work? Your union is a democracy. Members have a voice in everything from electing union leaders like shop stewards, bargaining team members, and officers, to setting bargaining priorities and ratifying union contracts. IFPTE have staff and resources to help our members achieve their collective goals as professionals, as well as help with trainings and strategy.
If we form a union, does that mean that I can’t go directly to management with an issue? You can continue to talk to your supervisor directly about issues at work—though it may not always get results. When you are represented, your union can help you talk with management on equal footing and with the support of your colleagues behind you.
Having a fair process to resolve disputes is one of the most significant benefits of being in a union. If you have a disagreement with your employer, your union contract will lay out a specific process to help resolve your dispute. Your local union steward will support you in this process and will bring in support from IFPTE if needed.
Will I have to strike if I am part of a union? Federal employees are prohibited from striking. We are a union of professionals, and we always try to solve disputes in a professional manner. If negotiations are stalled, or management is acting improperly, there are many other tactics other than strikes to escalate pressure for the benefit of the members.
How much are union dues? What do they pay for? NHPA dues are $20 per pay period. Dues aren’t collected until after the first contract is negotiated and ratified. All of our members pay dues through the standard direct deposit/payroll process at their workplace.
Union dues pay for:
Membership to the Local and the International (IFPTE), and the AFL-CIO
Access to legal, training, bargaining, and support services from the Local and International
Access to IFPTE events and annual meetings
Discretionary funds for events and solidarity activities
Assistance in negotiating union contracts
Assistance if your employer violates your union contract
Am I allowed to talk about the union or to union staff at work? Is my manager allowed to talk to me about it? Yes, you have the right to talk about the union at work just as you could talk about the last movie you saw or what was for dinner last night. You also have the right to communicate with union representatives if it does not interfere with your work time. Management is prohibited from asking you about your union support or activities in a manner that discourages you from engaging in that union activity.
Remember, unionizing is protected activity, and there is a whole separate federal agency called the Federal Labor Relation Authority that is designed to enforce this right.
Joining together with your co-workers to organize a union is a fundamental right recognized in U.S. labor law. It’s even affirmed in the United Nations’ Universal Declaration of Human Rights.
That said, employers usually oppose working people’s efforts to organize because they would prefer to have all of the power in the employment relationship. Some employers may violate labor law when workers organize, while others march right up to the edge of breaking the law to scare off organizing efforts. That’s why it’s important that you know your right to organize.
Under the Federal Labor Relations Act, you have the right to:
Join a union
Talk to your co-workers and participate in meetings to discuss joining a union or other collective efforts to improve your workplace (outside of work hours)
Organize fellow employees, support the union, and distribute literature and membership cards to be signed (outside of work hours)
Sign a union membership card and petition for an election to recognize your union
File complaints against your agency if they are in violation of these rights
Keep in Mind: Never use any agency resources in your effort to form a union. This includes company time, email, technology, printers, etc. All union business should be conducted on breaks and after hours.
It is illegal for NASA to interfere with your union efforts; NASA cannot:
Interfere with or restrain you from exercising your rights listed above
Fire you for supporting a union or participating in other collective efforts to improve your workplace
Discriminate against you or your coworkers in hiring, promotions, or otherwise take (or threaten) adverse action because you join or support a union
Question you about your union support or activities in a manner that discourages you from engaging in that union activity
Promise or grant promotions, pay raises, or any other benefits or improvements to discourage union support
Spy on or record peaceful union activities and gatherings or pretend to do so
Refuse to bargain collectively with you and your co-workers if you choose to form a union
Strength in Solidarity The more members of your workplace who join the unionization effort, the more you will be protected from retaliation. By only engaging in union activities outside of work hours, you can help ensure your employer won’t be aware of your efforts until you are ready to announce majority support for the union.
International Federation of Professional and Technical Engineers (IFPTE) IFPTE is a nonprofit, employee-based organization, made up of autonomous local affiliates in the U.S. and Canada. IFPTE fights for the rights of more than 85,000 women and men in professional and technical occupations, including all engineering disciplines, a wide variety of scientific and research professions, lawyers and economists, architects and urban planners, among others, all within the private, public, federal and nonprofit sectors. We are the nerds of the labor movement.
We strongly support the missions of our agencies and want our organizations to thrive. Our negotiated contracts put in place a process for workplace collaboration which creates better, productive organizations.