TOPICS
TOPICS
Unions seek full court review of Defense personnel ruling
A coalition of labor unions on Monday filed a petition for a full appeals court review of a ruling that upheld the Defense Department's new personnel and labor relations rules.
The unions are seeking a rehearing of a decision issued in May by a panel of judges of the U.S. Court of Appeals for the District of Columbia regarding the department's National Security Personnel System. The appeals judges found that the law creating the system grants the Defense Department temporary authority to curtail the collective bargaining rights of employees, reversing a lower court's ruling.
The petition asks the full appeals court to review what the unions see as discrepancies between the May NSPS decision and an earlier decision involving personnel rules at the Homeland Security Department. In that case, decided last June, a separate three-judge appeals panel upheld a lower court ruling that struck down large parts of DHS' new labor relations system.
"The NSPS appeals court decision runs completely contrary to existing case law," said Richard Brown, president of the National Federation of Federal Employees. "This decision allows the Secretary of Defense to define collective bargaining however he wants to, when collective bargaining is a very well-defined term of art."
The full appeals court has up to several months to make a decision on whether to accept the case. If the court denies the request, the unions have the option of appealing to the Supreme Court.
NFFE spokesman Randy Erwin said Tuesday that the coalition is unsure whether it would exercise this option. "There are positives and negatives toward that," he said. "It could be a moot point."
A provision in the version of the 2008 Defense authorization bill approved by the House in May would overhaul the Pentagon's implementation of the system, restoring employees' collective bargaining and appeal rights and requiring the department to bargain with unions before implementing pay for performance. The Senate Armed Services Committee approved similar language in late May.
"We have received the unions' petition for rehearing en banc and will await the decision of the court," said Joyce Frank, spokeswoman for NSPS. "At this time, the department has made no changes in its implementation of NSPS and next fiscal year will convert 90,000 non-bargaining unit employees to the NSPS Human Resources provisions."
According to the appeals court ruling, Defense's authority to limit employees' collective bargaining rights runs out in November 2009, unless Congress votes to extend the changes.
"It is our sincere hope that the full D.C. appeals court will rehear this case," Brown said. "Basic rights for over 800,000 Defense workers are on the line. This case deserves consideration from the entire court."
COMMENTS
- I hope PISH POSH read artical #1 "Pentigon changes policy for NSPS pay raises in 2008" in Fridays the 14th GovExec.Com. I hope he/she injoys his/her 1.5% raise oh it's not really a raise is it because it won't count for his/her high three will it. When the AFGE and it's coalition of labor partner unions defeat NSPS I am sure he/she will want to continue under it. William Jackson Posted September 17, 2007 9:06 AM
- If the supporters of NSPS actually had to experience its negative effects, they would change their tune. NSPS covered employees in my office this year received a performance bonus, but it was only a one-time pay out and so does not count toward their high three by raising their annual salary. In another office, only the NSPS supervisors received bonuses, while the NSPS covered subordinates received NOTHING. This is just part of what you get with NSPS. My coworker was "promoted" into NSPS, but the raise was less than if he had an equivalent position in the GS. He now has more responsibility but pay almost equal to his previous lower grade GS job. I could go on and on. The favoritism only gets worse with NSPS. Also, if the agency is strapped for CIV pay $, the NSPS pay pool is smaller and each person's effective award (based on "shares" they are awarded from the pay pool) will be smaller. Another way to save money on the backs of the employees. Valerie Pope Posted July 26, 2007 10:21 AM
- Just a couple items to add to this: 1) If you think that the marginal perfoming employee who happens to be "in the click" is not going to get better rewarded than the outstanding employee who is outside of the click then you are niave. The fact that happens all the time in private industry doesnt make it right. Remeber this: This system has been championed by an administration that appointed the Stewards Commissioner for the International Arabian Horse Association to be the Director of FEMA. That should tell you something in and of itself. 2) All this court wrangling will likely be moot because the 2008 Defense Authorization bill will contain language severely handicapping NSPS and it will likely get scrapped. mws Posted July 13, 2007 10:57 AM
