Conferees move to scale back Pentagon personnel changes

House and Senate conferees on Thursday passed authorizing legislation that would restore the collective bargaining and appeal rights of employees under the Defense Department's new personnel system.

The final version of the fiscal 2008 Defense authorization bill, which went to conference committee in October, includes language that would restore collective bargaining and appeal rights under the National Security Personnel System. It also would exempt all wage-grade employees from NSPS.

"The conferees for the Defense authorization bill have addressed the numerous inequities in labor relations and employee rights that were created by the department's regulations establishing NSPS," said John Gage, president of the American Federation of Government Employees.

Federal labor unions have been pressuring Congress to restore the rights, especially after a three-judge panel of the U.S. Court of Appeals for the District of Columbia ruled in May that the department has the authority to limit rights through November 2009. In the meantime, AFGE has been weighing an appeal of that ruling to the Supreme Court.

"While we did not get everything we asked for [in the bill], it is an acceptable compromise to the members represented by AFGE," Gage said.

Last month, the Supreme Court extended AFGE's deadline for filing an appeal, giving the union until Jan. 7, 2008. Other unions representing Defense employees are skeptical about the appeal, noting that an unfavorable ruling could set a broad precedent that could hinder the ability to negotiate in the federal sector.

Still, AFGE General Counsel Mark Roth told Government Executive last month that should Congress pass authorizing language that would restore collective bargaining and appeal rights, an appeal to the high court likely would be unnecessary.

"If [passage of the bill] occurs prior to Jan. 7, we will likely have no reason to file," Roth said. "If it does not happen, we will proceed with the petition."

Asked Friday if the provisions in the final bill would override a Supreme Court appeal, AFGE would not specify. The legislation still must be approved by the full House and Senate, after which it would move to the president's desk.

"Our general counsel probably will wait until the legislation is signed by President Bush before making that determination," said Enid Doggett, a spokeswoman for AFGE.

NSPS officials said Friday that they are pleased to see the language of the bill. "We are currently analyzing the information to better understand how it will allow us to move forward," said Tara Landis, a spokeswoman for NSPS.