Judge sets date to consider challenge to Defense personnel rules

Judge Emmet G. Sullivan of the U.S. District Court for the District of Columbia also said he would ensure that the case would be decided expeditiously, according to the American Federation of Government Employees, one of the unions that filed the suit.

"We are eager to make our case on the illegality of the Department of Defense's new workplace rules," said Joe Goldberg, AFGE's associate general counsel.

The Pentagon released the final regulations for the new civilian personnel system in late October. In early November, a coalition of unions filed suit challenging the rules. The unions charged that the Pentagon failed to adequately consult with labor organizations before issuing the regulations.

The new system streamlines the labor relations process and replaces the General Schedule pay structure with market- and performance-based compensation.

Last week, Defense Department officials agreed to hold off on implementing the new rules until February. Government and union lawyers jointly agreed to the postponement, which was designed to make it unnecessary for the unions to seek a temporary restraining order to halt implementation of the system.

Under the agreement, Defense still will be able to implement a few minor portions of NSPS before February. Most notably, the department can continue to train employees on the workings of the new system, and it can release implementing issuances, which provide details on how to carry out the regulations. Those issuances cannot take effect until Feb. 1, however.

The unions and the Pentagon had asked the judge to hear arguments in the case during the week of Jan. 9, but AFGE President John Gage said he was satisfied with the timetable.

"We are very pleased that the court has agreed to hear the case in timely manner," said Gage said. "Over 600,000 federal workers await the ruling."