12 2 STA T .35 3 PUBLIC LA W 11 0– 1 8 1 —J A N .28 , 2008 ‘ ‘ (i)subject t o b arg ai n ing un d erc h a p ter 71 and this chapter
‘‘(ii) app l icable to m ultiple bargaining units; and ‘‘(iii) raised b y either party to the bargaining; ‘‘( B )e x cept as agreed by the parties or directed through an independent dispute resolution process agreed upon by the parties , be binding on all a f fected subordinate bar - gaining units of the labor organi z ation at the le v el of rec- ognition and their exclusive representatives, and the D epartment of Defense and its subcomponents, w ithout regard to levels of recognition; ‘‘( C ) to the extent agreed by the parties or directed through an independent dispute resolution process agreed upon by the parties, supersede conflicting provisions of all other collective bargaining agreements of the labor organization, including collective bargaining agreements negotiated with an exclusive representative at the level of recognition; and ‘‘(D) except as agreed by the parties or directed through an independent dispute resolution process agreed upon by the parties, not be subject to further negotiations for any purpose, including bargaining at the level of recognition . ‘‘( 3 ) A ny independent dispute resolution process agreed to by the parties for the purposes of paragraph ( 2 ) shall have the authority to address all issues on which the parties are unable to reach agreement. ‘‘( 4 ) T he N ational G uard Bureau and the Army and Air F orce National Guard may be included in coverage under this subsection. ‘‘( 5 ) Any bargaining completed pursuant to this subsection with a labor organization not otherwise having national con- sultation rights with the Department of Defense or its sub- components shall not create any obligation on the Department of Defense or its subcomponents to confer national consultation rights on such a labor organization. ‘‘(g) PROVIS IO N S RELAT E D TO S E P ARATION AND RETIRE M ENT I N C ENTIVES. — ‘‘(1) The Secretary may establish a program within the Department of Defense under which employees may be eligible for early retirement, offered separation incentive pay to sepa- rate from service voluntarily, or both. This authority may be used to reduce the number of personnel employed by the Department of Defense or to restructure the wor k force to meet mission objectives without reducing the overall number of per- sonnel. This authority is in addition to, and notwithstanding, any other authorities established by law or regulation for such programs. ‘‘(2)(A) The Secretary may not authorize the payment of voluntary separation incentive pay under paragraph (1) to more than 25, 0 00 employees in any fiscal year, except that employees who receive voluntary separation incentive pay as a result of a closure or realignment of a military installation under the Defense Base Closure and Realignment Act of 1 9 90 (title X XIX of Public L aw 101 – 510; 10 U .S.C. 2 68 7 note) shall not be included in that number. ‘‘(B) The Secretary shall prepare a report each fiscal year setting forth the number of employees who received such pay Reports.
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