117 STAT. 1630
PUBLIC LAW 108–136—NOV. 24, 2003
‘‘(l) PHASE-IN.—The Secretary may apply the National Security Personnel System— ‘‘(1) to an organizational or functional unit that includes up to 300,000 civilian employees of the Department of Defense, without having to make a determination described in paragraph (2); and ‘‘(2) to an organizational or functional unit that includes more than 300,000 civilian employees of the Department of Defense, if the Secretary determines in accordance with subsection (a) that the Department has in place a performance management system that meets the criteria specified in subsection (b). ‘‘(m) LABOR MANAGEMENT RELATIONS IN THE DEPARTMENT OF DEFENSE.—(1) Notwithstanding section 9902(d)(2), the Secretary, together with the Director, may establish and from time to time adjust a labor relations system for the Department of Defense to address the unique role that the Department’s civilian workforce plays in supporting the Department’s national security mission. ‘‘(2) The system developed or adjusted under paragraph (1) would allow for a collaborative issue-based approach to labor management relations. ‘‘(3) In order to ensure that the authority of this section is exercised in collaboration with, and in a manner that ensures the participation of, employee representatives in the development and implementation of the labor management relations system or adjustments to such system under this section, the Secretary shall provide for the following: ‘‘(A) The Secretary and the Director shall, with respect to any proposed system or adjustment— ‘‘(i) afford employee representatives and management the opportunity to have meaningful discussions concerning the development of the new system; ‘‘(ii) give such representatives at least 30 calendar days (unless extraordinary circumstances require earlier action) to review the proposal for the system and make recommendations with respect to it; and ‘‘(iii) give any recommendations received from such representatives under clause (ii) full and fair consideration. ‘‘(B) Following receipt of recommendations, if any, from such employee representatives with respect to a proposal described in subparagraph (A), the Secretary and the Director shall accept such modifications to the proposal in response to the recommendations as are determined advisable and shall, with respect to any parts of the proposal as to which they have not accepted the recommendations— ‘‘(i) meet and confer for not less than 30 calendar days with the employee representatives, in order to attempt to reach agreement on whether or how to proceed with those parts of the proposal; and ‘‘(ii) at the Secretary’s option, or if requested by a majority of the employee representatives participating, use the services of the Federal Mediation and Conciliation Service during such meet and confer period to facilitate the process of attempting to reach agreement.
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