GovernmentExecutive.com

The U.S. Supreme Court has allotted a federal labor union more time to weigh an appeal against the Defense Department's new personnel system.

The American Federation of Government Employees now has until Jan. 7, 2008, to file an appeal with the high court challenging a lower court's ruling allowing implementation of the National Security Personnel System to go forward, AFGE General Counsel Mark Roth said. The extension, which was granted earlier this month, gives the labor group two additional months beyond its original Nov. 7 deadline.

In May, a panel of judges for the U.S. Court of Appeals for the District of Columbia ruled that under the 2004 law allowing NSPS, Defense has the authority to limit the collective bargaining rights of its civilian employees through November 2009. In August, the coalition's request for a full court review of that ruling was denied.

AFGE told Government Executive in September that it was weighing whether to appeal the case to the Supreme Court without the involvement of the eight other unions in the coalition that has pursued the case. Some unions were skeptical about an appeal, noting that an unfavorable ruling could set a broad precedent that could hinder unions' ability to negotiate in the federal sector.

Roth noted that AFGE is considering such concerns in its decision to appeal. But, he added, the Supreme Court's extension will allow AFGE to determine whether an appeal is even appropriate.

The union's primary goal has been to handle the issue legislatively. The House and Senate versions of the fiscal 2008 Defense authorization bill include provisions that would repeal the Pentagon's authority to limit collective bargaining. The bill, which is undergoing conference negotiations, is expected to be finished before the Thanksgiving recess.

"My understanding is the authorization bill is heading to conference and has language that would resolve AFGE's concerns about the court decision," Roth said. "If that occurs prior to Jan. 7, we will likely have no reason to file. If it does not happen, we will proceed with the petition."

President Bush issued a policy statement in May speaking against the House provisions of the bill, noting that he would veto the final legislation if they were included. Under the House provisions, "the process becomes so administratively burdensome to design and operate that the effect of the bill is, in essence, a total revocation of the flexibilities Congress granted the department," the president wrote.

Still, Roth said he was not concerned about a potential veto, largely because House and Senate negotiators have indicated that they were working hard to strike a compromise. While a full repeal of NSPS is out of question, Roth said, AFGE is hopeful that unions will regain the rights to bargain over the implementation, impact and certain portions of the system.

Conferees "have been in such intensive negotiations, and we're not going to end up with a total repeal of the system," Roth said. "Unless NSPS is repealed, I doubt [the president] would veto. Maybe I'm naïve, but I'm not worried."

COMMENTS

• Comments are that NSPS is needed to invoke pay 4 performance. Yes, but if you are assuming that managers are going to do MORE to make that happen, how good is that working in GS now, not so good (I guess that is the problem that really should be addressed. How about an NSPS for only supervisors!)? Are you telling me that managers are going to spend more time on the pay system because it's NEW!?? Wrong, they will adapt to what they have time for, or are forced to do with additional "duties" that have nothing to do with management. Really, managers are hacked with the current disipline system and will be hacked with the new one as well, meanwhile our wages will go down if we, as workers, stay put. NSPS has the good ole boy network by default, which will cause "good" managers to spend more time trying to be objective and "bad/lazy" managers just stamp it and go. The bottom line is that NSPS is really the final straw for the portable government worker, making it just like the corporate sector. My TSP is portable (compared to CSRS) and with my time in grade meaning nothing, I can hop jobs without loosing any benefit! Whoohoo, jump now at 12 step 5 at 73849 (2008) for a comercial job at 95000 and apply back to government for the same job at 100735 in Pay band 2. Remember, gov't wants to be competitive in hiring salary so they should want my experience and will have to pay in order to get me. However, if i stay in my current position I will have to compete for my cost of living increase....hummm, am I missing something? Have a great NSPS, can you say bye bye? tje Posted December 9, 2007 9:41 AM
• Prior to going back to school and getting accepted into an intern program (after 20 years federal service), I was an AFGE union steward. I didn't like NSPS then, and now that I am not a BUE I get to go to NSPS in February, I still don't like it. I'm scheduled for training next month, and while reviewing the material I had to print before I go, I came across the form for setting the performance guidelines and evaluation. It is a mere 13 pages long! I'm trying to picture supervisors wading through 13 page documents for each of their employees. An Old Intern Posted November 27, 2007 1:26 PM
• Folks, how is that no one talks about NSPS for what it really is, a money saving pay system. Many GS employees will never be "promoted" in the old manner ever again. If you are a GS-9,11,12,13 there is no way to get more money, even if your supervisor wants to give it to you, as there are only 2 promotions under NSPS, payband 1 to 2, and 2 to 3. Any new position within your payband is CAPPED at a 5% increase. For all you who think this is pay-for-performance, I'm sorry its not. You can be the best employee in the world, and the most you can look at getting is a 5% raise every 12 months. Scott Posted November 21, 2007 2:45 PM