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National Security Personnel System (NSPS)
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9/27/07 - NSPS summary from the UDWC. This summary identifies that the UDWC
(except for AFGE) is giving up on the legal process and is focusing on getting Congress
(House and Senate) to put words in approbiation bill that would halt NSPS.
NSPS Summary (PDF)
8/07//07 - This is from the Washington Post
NSPS Hits a Snag (PDF)
6/14/07 - Here is an update from Matt Biggs, IFPTE Legislative Director
June 07 NSPS Update (PDF)
5/31/07 - This is a Federal Times story on what the Unions are planning to do to
fight the ruling from the appeals court -
Union Coalition in action (PDF)
5/09/07 - This is an article from the Washington Post dated 5/9/07 documenting
support for rolling back NSPS -
House
Panel Bucks Bush Administration on Workplace Rights
9/20/2006 - United DOD Workers Coalition statement for the record concerning implementation
of Spiral 1 and Congressional request for an extension in implementing full NSPS
UDWC1(PDF)
7/17/06 - Update from Matt Biggs, IFPTE Legislative
Director
All,
It is important to keep in mind that all of the workers
the Pentagon is intending to move forward with on NSPS are non-represented.
This, in my mind, is a strategic response on their part to respond to our efforts
to defund NSPS. They will argue to the Senate that since they are moving forward
with the NSPS, that they should not defund NSPS.
Many may be wondering, "how can they move forward if the
court ruled it illegal?" The answer is that the Pentagon is moving forward
with non-represented workers because the Court ruled that if they do so with unionized
workers, then they will have to bargain (Judge Sullivan ruled implementing issuances
illegal, among other things).
In reality this maneuver is just another example of Sec.
Rumsfeld snubbing his nose at the Court. Here is the GovExec article.
http://www.govexec.com/dailyfed/0706/071206r1.htm
The Coalition is continuing to try to get a RIF defund effort
completed in the Senate. On Tuesday the Senate's DoD Appropriations Subcommittee
will mark-up the bill. The full Committee will probably mark-up on Thursday.
The UDWC has asked the Subcommittee's Ranking Democrat,
Sen. Inouye, and the Chairman, Sen. Stevens, to include the RIF defund language
in the underlying bill. Local 121 spoke to the staff of Sen. Inouye, as well
as spoke to him personally (VP Toyama, and Local 121 President Pete Fontanilla did
this for us). It might be a good idea of Local 121 to reach out to them again
before Tuesday (THANKS!).
Also, Local 3 President John Garrity and I both spoke with
Sen. Specter's office last week about this. Sen. Specter serves on this subcommittee
and we are hopeful he can reach out to Sen. Stevens asking that the language be
included in the underlying bill. And the Coalition as a whole is also working
on all three of these Senators.
Here is a link to this subcommittee, in case you are wondering
what Senators serve on this particular committee:
http://appropriations.senate.gov/subcommittees/defense/topics.cfm?code=def
If we are not successful in getting this into the underlying
bill, the UDWC will likely be working a defund amendment strategy for Committee
and/or the Senate floor. As events unfold next week, we will be making a collective
decision of what is the best strategic move. I will keep you all apprised
of these efforts and if and when we will need all of our Locals to make calls on
this potential amendment effort. Like the House effort, it is time to let
all of the Senators know (regardless of party) that this is a vote that we will
remember when they are up for re-election.
As we all spoke about at the Convention, and as
President Junemann has made very clear, now that we have won the lawsuit (including
the DHS appeal which virtually ensures our victory on NSPS when it is appealed),
and now that we have won in the House (without any opposition), any response from
any Senate office (Republican and Democrat alike) other than "we support you" is
an unacceptable one and we will remember when election time comes. While we
make every effort to keep good relations will all Hill lawmakers, this may be an
issue where we part with that practice. Like CAFTA, this is one of those bread
and butter issues we need to take a strong stand on and one we will not forget for
many years to come.
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6/20/06 - House passes amendment to defund NSPS.
The links below is the United DOD Workers Coalition's press release and the transcript
of the Amendment as it was passed.
UDWC Press Release
Defund Amendment Transcript
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| Unions Lawsuit results:
Federal Judge Says "NO" to NSPS |
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On October 26th, 2005 Gordon R. England, Acting Deputy Secretary of Defense, and
Linda M. Springer, Director of the Office of Personnel Management announced that
the regulations for the National Security Personnel System (NSPS) had been finalized
and submitted to the Federal Register. This event marked the beginning of
the end of life as most civil servants knew it. The finalized regulations
contain revisions that were poorly veiled attempts to placate the 58,000 comments
submitted by DoD employees and the public. The final regulations were published
in the Federal Register on November 1, 2005. Implementation was to begin December
1st.
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On February 27, 2006, Judge Emmet G. Sullivan issued his decision in the case of
AFGE v. Rumsfeld regarding the legality of certain provisions of the National Security
Personnel System final regulations. The Court concluded that:
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1. The National Security Labor Relations Board does not meet Congress' requirement
for "independent third party review" of labor relations decisions;
2. The process for appealing adverse actions fails to provide employees with
"fair treatment" as required by Congress. As a result, the Court permanently enjoined
the Department from implementing Subparts G (Discipline and Adverse Actions), H
(Appeals), and I (Labor Relations).
3. The new rule fails to ensure that employees can bargain collectively;
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While the Court has enjoined the discipline and appeals portions of the HR system,
along with the Labor Relations system, DoD is still going forward with implementing
performance management, pay, staffing, and workforce shaping provisions. DoD intends
to implement those provisions to 11,000 non bargaining unit employees (Spiral 1.1)
on schedule, beginning in April.
DoD attorneys, in consultation with the Office of Personnel Management and the Department
of Justice, are reviewing the Court's decision to determine the next steps.
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For more information click on one of the links below.
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