Return to Article: DHS defends new personnel rules against unions' assault
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10945
"the unions' alleged irreparable injuries are "largely speculative and theoretical and therefore wholly insufficient to establish either standing or irreparable harm" <-- This has to be government lawyer speak because it doesn't make sense to me. The change in the personnel system is totally speculative and theoretical so how could the Union's agrument be anything else? The irreparable damage will be the political nature of the civil service after the proposed changes-not the lack of due process! Political appointees will reward those that are yes men and hold back those that have substance. I am fast learning to just say yes to everything and hope I will be retired before the problems really surface-much like the military managers that PCS out of management jobs in time periods of less than two years. They never have to live with their problems but the civil servants do!
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10923
"By law, the unions must prove "irreparable harm" in order to get the temporary halt. DHS argued in its response that the unions' alleged irreparable injuries are "largely speculative and theoretical and therefore wholly insufficient to establish either standing or irreparable harm.""
So what's DHS' point? If the union's allegations are "largely speculative", then DHS should go ahead and let them file. The case will be thrown out and the new system will be implemented. Or are they worried the unions have something that will stop them?
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10922
Bravo-- clap, clap-- well done.
The DHS and OPM legal defense against this motion for injunction is that the Court lacks subject matter jurisdiction over plantiff's underlying claims. A nice legal argument. Case closed-- we can all go home with assurance from these government lawyers that national defense requires the creation of draconian HR policies.
My advice to the Unions-- you made your pitch, you are going to lose this battle. Just let the experiment fail and let the government pay a high price for your cooperation in the future. Losing this battle doesn't mean the war is over.
My future job when this administration is finished is to protect management rights once that pendulum swings hard back toward partnership as I have no doubt it will, especially when MaxHR and NSPS negatively interferes with the mission of these Departments. In the meantime just offer career services to your constitients in DHS and DoD to help them find jobs in more pleasant federal sector work environments-- that is unless this administration gets its way and we all work under NSPS systems.
Good luck!
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