Federal Manager's Daily Report

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.