NSPS Case Argued Before Appeals Court

The latest round of the running battle between the Pentagon and federal unions over the national security personnel system has been played out before a federal appeals court that is considering the Bush administration’s challenge to a lower court ruling that invalidated several key parts of NSPS. At issue in particular are the provisions of NSPS seeking to limit the scope of union bargaining and revamp certain disciplinary and employee appeal rights and procedures. The same court earlier this year agreed with a lower court ruling that invalidated many similar rules issued by DHS. The Justice Department argued before the appellate court that the two cases are different because they involve different underlying laws and that the NSPS rules are within the department’s authority under its law. But union attorneys countered that the underlying issues of fair representation and due process are the same and that DoD exceeded its authority. The court isn’t expected to issue a ruling for several months.