Certain Provisions Up in the Air

By: fedweek

DoD also has said that even though an appeals court ruled in its favor in that suit recently, it has “no plans to implement the adverse actions, appeals and labor relations portions of NSPS at this time.” All three provisions have been under litigation since DoD first published rules on NSPS nearly two years ago. For the employees who have been put under the system, the labor relations provisions are a moot point, but DoD originally had intended to carry out the adverse action and appeal provisions as people phased into the system. The primary impact on those covered by NSPS so far has been in job classification and pay, in particular a pay banding system with a pay-for-performance element. The NSPS rules as written would bar unions from negotiating over key aspects of such changes for employees they represent, a main point of contention in the suit.