Implementation Still a Way Off

The release of the draft “implementing issuances” starts a period of collaboration with unions that likely will continue for several months. Under an agreement reached between the Pentagon and unions that have filed suit against NSPS, none of the issuances can take effect before February 1, which is also the earliest start of the other provisions of NSPS, including the labor-management provisions—which would be effective department-wide immediately–that are at the heart of the lawsuit. DoD plans to phase in the pay and other changes, with pay for the first groups of employees affected no earlier than January 2007. However, even that schedule could be thrown off by the lawsuit, for which a hearing is scheduled January 24. Unions are seeking a judicial order to block the NSPS rules, as they did successfully in a similar suit involving similar policies at the Department of Homeland Security.