Unions file suit challenging Defense
personnel system
A
coalition of labor unions filed a lawsuit Monday challenging work rules issued
by the Pentagon in late October under its new National Security Personnel
System.
The unions charged that
the Pentagon failed to adequately consult with labor organizations before
issuing the new regulations.
"Despite Pentagon
rhetoric to the contrary," said John Gage, president of the American
Federation of Government Employees, "DoD merely went through the motions of meeting with
the unions. No meaningful consultation took place. Instead of working with the
long-standing representatives of the military's loyal civilian employees, the
Pentagon apparently would rather duke this out in federal court."
Navy Secretary Gordon
England, who headed the NSPS effort in the Pentagon, said when the new regulations
were released last month that the department had been "extremely
collaborative" in developing them. "Frankly, whoever could help us
has been consulted," he said.
In addition to AFGE,
the following unions joined the suit: the Metal Trades Department of the
AFL-CIO, the United Power Trades Organization, the International Federation of
Professional and Technical Engineers, the International Brotherhood of
Teamsters, the International Association of Fire Fighters, the Association of
Civilian Technicians, the Laborers International Union, the National
Association of Government Employees and the National Federation of Federal
Employees.
"OPM and the
Pentagon have swayed drastically from the NSPS authorizing law with respect to
their unilateral creation of this misguided personnel policy," said
Gregory Junemann, president
of the International Federation of Professional and Technical Engineers.
"By deciding to publish an NSPS that is illegal, they have elected to
pursue a 'roll the dice' track, hoping that a court will somehow ignore both
precedent and congressional intent."
The unions also argued
that the new personnel system, which eventually will cover 650,000 employees,
fails to safeguard employee rights to bargain collectively. The final NSPS
regulations allow the Defense secretary, deputy secretary and "principal
staff assistants" to override collective bargaining agreements on national
security grounds.
In August, a federal
judge ruled that the Homeland Security Department's new personnel system, which
is in some respects similar to the Defense system, was illegal because it did
not adequately provide for collective bargaining, in large part because it gave
management the power to override existing contracts at any time.
NSPS officials said the
law authorizing the Pentagon's system is different from the one authorizing
DHS' system in that it does allow for senior officials to exercise such power.
Karen Rutzick contributed to this
report.