The Pentagon has said it plans to continue the rollout of
its new National Security Personnel System even though a
federal judge issued an injunction preventing it from
carrying out parts of the system relating to labor
relations and employee appeal rights.
The judge said, as the unions that brought the suit argued,
that implementing rules published by DoD last fall exceed
the department’s authority under law allowing the
establishment of an alternative personnel system at DoD.
While the court permanently enjoined the department from
implementing discipline and adverse actions, appeals and
labor relations provisions, DoD said it was reviewing the
decision to determine next steps, but that for now it
intends to move forward with performance management, pay,
staffing, and workforce shaping provisions.
The department said it is still on schedule to implement
the HR management system to 11,000 non-union employees
beginning at the end of April.
The judge concluded that while the defendants did satisfy
their statutory obligation to collaborate with unions in
the development of the labor relations system, and that
the defendants lawfully departed from Chapter 71 — the
statute containing federal labor relations provisions —
in establishing a labor relations system, that the new
rule fails to ensure that employees can bargain
collectively because, among other things, of the authority
management would have to void contract provisions it
deems in conflict with NSPS.
The judge also concluded that the proposed National
Security Labor Relations Board, which would take over
many of the Federal Labor Relations Authority’s powers,
would not meet Congress’ requirement for “independent
third party review” of labor relations decisions, and
that the process for appealing adverse actions fails to
provide employees with “fair treatment” as required by
the statute.
