Union Rights a Key to Other Aspects

By: fedweek

Under the law authorizing NSPS, the restrictions on labor relations rights will expire in November 2009 unless reauthorized before then. The Senate report on the bill characterizes this year’s language as merely “accelerating by two years the expiration of the department’s authority to modify statutory labor relations requirements.” That is, the underlying premise is that the authority will not be renewed in any event. The language does not address other aspects of NSPS, such as its pay banding and pay for performance elements and planned changes in appeals rights and procedures. However, those provisions could be affected, at least for union-represented employees, should DoD be required to bargain over them. The House’s earlier-passed counterpart bill would repeal both the labor relations and adverse action/appeal rights parts of NSPS. The White House threatened a veto over the House provision and could do the same with the Senate language.