What ACT Has Done for YOU
ACT was the only union working for Technicians to obtain federal employment status in the Technician ACT of 1968. This guaranteed pay, leave, insurance, and retirement as federal employees.
Landmark Court Victory Limiting 10 U.S.C. § 976, the law that prohibits collective bargaining in the military. ACT’s court victory stopped the improper use of this law to restrict technician bargaining rights and established the right to I&I bargaining over all technician work assignments, regardless of their “military nature.”
Removal of Military Duties from Position Descriptions. In the wake of the court decision that Technicians could not be assigned military training duties without I&I bargaining, the National Guard Bureau rescinded the PD Addendum listing these duties and issued a memorandum requiring that nearly all of them be performed in military status, not during the Technician work day.
Right to Challenge Adverse Actions by Pre-Hearing Motion, stated in paragraph 3-3 TPR 752-1. Using national consultation rights (NCR) with NGB, ACT drafted and persuaded NGB to create this right in the 2010 TPR, along with several other procedural rights, including Hearing Examiner orders requiring agency production of evidence.
Worked Directly with congressional staff to support legislation converting some technicians to Title V status. ACT’s in-depth Position Paper on NDAA 2016 § 1053 supports this law—which grants important new rights — and refutes the erroneous complaints that some Guard officials have raised in seeking its repeal.
Successfully Opposed DoD “Force of the Future” (FOF) proposal to Convert DoD Employees to Title 10. ACT was the only union to timely submit written views and recommendations noting legal and policy flaws in the proposal, which DoD subsequently withdrew. By invitation, ACT met with Acting Under Secretary of Defense Brad Carson to discuss ACT’s views. ACT submitted—and was the only union to have done so—fully drafted alternatives to the DoD adverse action proposal.
Defeated NSPS Regulations that would have eliminated the right to collective bargaining in DoD. ACT was on the United Defense Workers Coalition (UDWC) team that wrote the court papers, argued the case in district court, wrote the principal UDWC brochure, was one of two unions selected to personally brief the Under Secretary of Defense, persuaded Senator Kennedy to declare the regulations unlawful at a Senate hearing, and initiated the successful UDWC effort to obtain Congressional repeal of the prohibition against national level bargaining in the National Guard.
A landmark settlement of $257,200 for certain Guard Technicians, enforcing their re-employment rights, after legal action combining grievance arbitration and federal court litigation.
