The General Accounting Office has said it supports a phased
approach to implementing Department of Homeland Security
management reforms and that the process could take years.
The DHS proposed regulations currently call for labor
relations, adverse actions, and appeals provisions to be
effective 30 days after issuance of the interim final
regulations later this year, but that job evaluation, pay,
and performance management systems would be phased in to
allow time for final design and training.
GAO was responding to questions submitted to it following
a recent hearing on the DHS personnel system where concerns
were raised on collective bargaining, an implementation
timetable and the level of independence of the planned
agency labor relations board that would take over many of
the functions now performed by the outside Federal Labor
Relations Authority.
Where the regulations do not allow collective bargaining
on matters that do not “significantly affect a substantial
portion of the bargaining unit,” GAO was asked to define
a “substantial portion,” and stated that it did not have
one in mind, but noted that DHS employees wanted an informal
means of resolving issues prior to dealing with them with
a formal process.
However, GAO said the proposed regulations do not apply to
nearly half of all DHS civilian employees and suggested
that it consider moving all of its employees under the new
human capital system.
Asked whether it would characterize the proposed DHS labor
relations board as independent, GAO reiterated concerns
about a separate panel to hear appeals for mandatory removal
offenses, stating that removal of the members of that panel
by the Secretary might compromise the independence of the
panel’s decisions. It suggested as an alternative that DHS
consider removing members only by a majority decision of the
panel itself. It also said DHS might want to stagger the
terms of the members to ensure a degree of continuity on the
board and that such changes could strengthen the independence
of the Labor Relations Board.