Fedweek

The appeal comes from an appellate court’s decision last year which upheld the provisions at issue, overturning a federal district court’s injunction against them. However, DoD did not put the provisions into effect, pending the outcome of the possible legislative changes and the potential appeal to the high court. AFGE, in turn, held off filing the appeal as Congress considered restrictions on NSPS. When Congress cleared the restrictions it appeared that an appeal might not be filed, but when President Bush rejected the defense bill, the union decided to go ahead with the appeal.