Language Too Broad, DoD Says

The Pentagon also argues that the restrictive language on NSPS would bar work on parts of the NSPS even if a federal appeals court rules in the department’s favor; the case is pending on appeal. It further contends that the language goes beyond the scope of the court injunction by barring changes in areas not barred by the court, including some performance management issues, preparations for applying the system beyond the general schedule in the future, and alternative personnel systems and policies already in place, including demonstration projects. Nor could DoD modify existing non-NSPS policies in the areas of performance management, discipline or labor relations for any reason, including changes driven by new laws or court decisions, the department argues in a position paper.