NFFE Files Cross Appeal with Sister Unions on NSPS Court Decision

On May 1, 2006, NFFE, accompanied by twelve sister unions, filed a cross-appeal to the U.S. Court of Appeals for the District of Columbia responding to and appealing certain portions of the District Court’s decision on National Security Personnel System (NSPS).  NFFE’s appeal answers the April 17, 2006,  Department of Defense (DoD) and the Office of Personnel Management appeal of the U.S. District Court’s February 27th decision, which was predominately in the unions’ favor.  In that decision, Judge Emmet Sullivan held that DoD’s proposed system failed to ensure collective bargaining and created an employee appeals system which was the “antithesis of fairness.”  Judge Sullivan enjoined implementation of both the labor relations and employee appeals portion of the new rules.  While the new pay and performance rules were not the direct subject of litigation, it is expected that these aspects of NSPS may be impacted by the Sullivan decision as well as the outcome of this appeal.

In addition to defending Judge Sullivan’s well reasoned decision, NFFE will clarify and seek review of portions of the case in which the District Court did not agree with the Unions.  A briefing schedule will follow shortly.  NFFE anticipates that despite the government’s delay in moving forward with this case, as well as its failure to request a stay of the Sullivan decision, that DoD and OPM will move for expedited briefing.

As in the District Court case, NFFE General Counsel, Susan Tsui Grundmann, will serve as co-counsel, along with counsel from AFGE, the Metal Trades Department of the AFL-CIO, and the Association of Civilian Technicians.