The Strength of Bargaining

One of the most frequent questions that local union leaders get from their fellow USACE employees after ratifying a negotiated agreement with management is some form of “What can/can’t change this agreement?” The answers to these types of questions can differ depending on the situation, several of which are described in detail below. BLUF: Your legal rights as they relate to your negotiated working conditions are likely much stronger than you would assume!

Q: What if the next Colonel or General decides that they don’t like what’s in a negotiated agreement?
A: Every applicable level of USACE management (even the lowest supervisory level) has a legal obligation to act in accordance with any agreements negotiated with the union. They can wait until that specific agreement expires or until the next time the Collective Bargaining Agreement (CBA) is being renegotiated (whichever comes first) and negotiate changes then. They cannot unilaterally change the terms of a negotiated agreement without violating federal labor law.

Q: What if USACE, DoD, and/or OPM issue guidance that conflicts with what’s in a negotiated agreement?
A: Where an agency’s (or government-wide) guidance and a negotiated agreement are in conflict, it is the negotiated agreement (not the guidance) that carries the force of law. While the agency’s guidance will often affect management’s priorities and positions during negotiations, unions can have their own priorities.

Q: What if a future President issues an Executive Order that conflicts with what’s in a negotiated agreement?
A: Like a conflict with agency or government-wide guidance, it is the negotiated agreement (not the Executive Order) that carries the force of law. While Executive Orders will often affect management’s priorities and positions during negotiations, unions are not obligated to have the same priorities.

Q: What if Congress passes a law that conflicts with what’s in a negotiated agreement?
A: Both the union and management must follow the law. If a new law conflicts with a previous agreement, the parties should bargain on how to modify or replace the existing agreement for consistency with the law.

Q: What if there are future agency or government-wide regulations that conflict with a negotiated agreement?
A: When bargaining, government-wide regulations are treated the same as laws. All new agreements must be consistent with such regulations. However, existing agreements stand until their expiration dates. Local or agency-specific regulations and policies do not carry the same requirement for consistency with locally negotiated agreements, unless the agency can demonstrate a “compelling need” for the regulation.

Most USACE employees underestimate their rights in the workplace and how firmly those rights (including rights that have been won through union-negotiated agreements) are protected by law. Local union reps can provide a copy of your CBA and any other negotiated agreements. They will also be happy to answer any follow-up questions you might have.