Keith’s note: The unions that represent some NASA employees continue to push back. Oddly JPL was trying to thwart union organization when the sky started to fall and other NASA centers merely tolerated unions. Now, as the White House severs their role with NASA – and all the professional space industry organizations mostly sit on their hands – they let the layoffs and budget cuts happen. But the Unions have risen to the challenge and now lead the way in championing the collective well being of space community employees. Bravo. For all of you non-union types, a large Bravo Zulu (“well done”) for the unions is in order. See “Legal challenges against Trump’s union EOs continue to proliferate” at Government Executive: “The International Federation of Professional and Technical Engineers has filed its second lawsuit seeking to block President Trump’s effort to strip collective bargaining rights from two-thirds of the federal workforce, this time on behalf of NASA workers.”

Keith’s note: As you ponder protests, policies, and how everyone should respond, re-read this part of the Executive Order that erases NASA’s union rights. It redefines what NASA is – despite whatever wording is in its charter or innumerable authorization and appropriations over the years. It says that NASA is “hereby determined to have as a primary function intelligence, counterintelligence, investigative, or national security work. It is also hereby determined that Chapter 71 of title 5, United States Code, cannot be applied to these agencies and agency subdivisions in a manner consistent with national security requirements and considerations.” No mention of that science and exploration stuff. Indeed, this pivots NASA closer to Space Force. And it is not to be unexpected that NASA employees may soon see their ability to speak out reigned in as it already is within the Defense and Intelligence agencies. Again, read the words. They are rather precise.

Keith’s note: The White House has issued an Executive Order that strips the ability of NASA employees (and employees at other agencies) to organize unions.

• FYI Chapter 71 of Title 5 of the United States Code is known as the Federal Service Labor-Management Relations Act. It establishes the rights and obligations for labor organizations and employees in the federal government, covering areas such as employee rights to organize, the duty to bargain in good faith, and procedures for addressing unfair labor practices and grievances.
• According to this new executive order: “Section 1. Determinations. The agencies and agency subdivisions set forth in section 2 of this order are hereby determined to have as a primary function intelligence, counterintelligence, investigative, or national security work. It is also hereby determined that Chapter 71 of title 5, United States Code, cannot be applied to these agencies and agency subdivisions in a manner consistent with national security requirements and considerations. …. 1-420. The National Aeronautics and Space Administration.”

Keith’s note: A slight bit of maybe not good – but somewhat less bad news: on 27 March OPM issued Guidance on Executive Order Exclusions from Federal Labor-Management Programs. “This order invoked the President’s authority under 5 U.S.C § 7103(b)(1) and 22 U.S.C. § 4103(b) to exempt agencies and agency subdivisions from the provisions of the Federal Service Labor-Management Relations Statute and the Foreign Service Labor-Management Relations Statute (individually and collectively, the FSLMRS). The President’s Executive Order directs that the FSLMRS will no longer apply to the following agencies and agency subdivisions (collectively, the “covered agencies and subdivisions”): — With a long list agencies BUT NOT NASA. No mention of NIST or NOAA either but NSF is listed. I have no idea what these omissions mean. But for now …

Keith’s note: A lawsuit has been filed by a group of employee unions in the U.S. District Court in D.C. against the current administration and its appointees regarding ongoing personnel actions.

• “The Unions bring this action to protect the workers they represent from the Executive Branch’s attempts to dismantle the federal government through the mass firings of hundreds of thousands of employees (those who are considered “nonessential” for purposes of a government shutdown and those who are in probationary status) and a pressure campaign on federal workers to quit their jobs through a “deferred resignation program.”
• I am not a lawyer but I find it odd that one of the names of Federal Agency and Department appointees mentioned as being a defendant is “MAKENZIE LYSTRUP, M.D.” For starters she has a Ph.D in astrophysics – not an M.D. Second she is the NASA GSFC Center Director. She does not run NASA. She is told precisely what to do in these personnel matters by NASA HQ. Her direction comes from Janet Petro, the “Acting” Administrator of NASA. Neither of these people are political appointees. Petro is also told precisely what to do – apparently by Darren Bossie, the Trump Administration’s White House liaison to NASA. Just wanted to clear that up, Union folks. Accuracy counts.

Organized labor attacks Obama’s space plan, Orlando Sentinel “Add organized labor to the voices angry at President Barack Obama’s decision to scrap NASA’s moon program. In a letter sent to Obama on Feb. 4, R. Thomas Buffenbarger, international president of the International Association of Machinists and Aerospace Workers, said the White House idea to outsource flying astronauts into low Earth orbit would cost jobs, not create them.” Time for Action, […]