With the November 28 target implementation date for the
labor relations provisions of the Defense Department’s
new National Security Personnel System fast approaching,
federal unions may seek a temporary restraining order
from a federal court to block the rules pending a more
thorough review of the issues involved.
A coalition of unions, led by the American Federation
of Government Employees, has sued the Department of
Defense over the rules and also have re-filed a suit
brought last February challenging the rules on a statutory
basis.
At the heart of the suits are collective bargaining and
due process rights, in a replay of the suit unions
recently won against the Department of Homeland Security,
blocking it from moving forward. Defense officials have
said DoD’s authorizing legislation gives is more
leeway to set new standards for bargaining with unions
and appeals than DHS had in coming up with its rules.
The suit also complains that the Pentagon did not consult
with unions in creating the rules as called for in the
authorization legislation. A statement on the NSPS
website said the finalized regulations contain revisions
based on over 58,000 comments.
The final regulations eventually will affect about
700,000 civilian employees regarding pay and
classification, performance management, hiring,
workforce shaping, disciplinary matters, appeals
procedures and labor-management relations. However, in
the initial phase, set to kick in November 28 unless
blocked, only the labor-management provisions are
involved, with changes in pay, appeal rights and other
practices planned to be phased in, starting in early
2006. To date, the court has not heard a hearing on the
unions’ request for an injunction, making an emergency
request for a temporary restraining order possible.
