Way Ahead is Uncertain

Although the lower court decision had blocked the labor relations and appeal rights provisions, DoD has moved forward with carrying out other parts, such as pay banding with pay for performance, although only for about 114,000 non-union general schedule employees. The decision apparently frees DoD to apply NSPS on a much broader scale, but the unions plan to appeal further, starting with a request that the full appeals court hear the case. The dispute could remain in legal limbo for some time, potentially ultimately to be decided by the Supreme Court. Also, it’s uncertain as a practical matter how fast DoD could move to more broadly implement NSPS, given the amount of groundwork that would require. It’s unclear, for example, when or if DoD will apply the revised appeals rights to those already in NSPS, or apply NSPS to unionized employees, knowing that the labor provisions could expire in just over two years and with possible further court action hanging over its head. In addition, Congress is considering repealing the labor relations and appeal rights provisions of NSPS, while providing for bargaining on the pay provisions (see below). DoD said it is “evaluating the ruling prior to making any decisions on the next steps.”