Unions Oppose DHS Attempts to Limit Scope of Court’s Injunction

(National Federation of Federal Employees)On August 12, 2005, the District Court for the District of Columbia issued an injunction preventing the Department of Homeland Security (DHS) and the Office of Personnel Management (OPM) from implementing certain aspects of their new personnel regulations on the grounds that the new Human Resources System “fail(s) to conform to the express dictates of the Homeland Security Act” (HSA).   Specifically, Judge Collyer prevented the agencies from implementing the Labor Relations Regulations as well as the provisions in the new regulations precluding the mitigation of penalties by a third party.  The court left the door open for the government to limit the scope of her injunction, which government attorneys attempted via a motion filed two weeks later.

Late Friday afternoon, NFFE, along with co-complainants NTEU, AFGE, and the Metal Trades Department, filed our opposition to the motion by alleging that segregating portions of the Labor Relations Subpart from the whole is improper.  We argued that the Court must consider the original intent of the regulators (DHS and OPM), which, as stated in the Supplemental Information accompanying the regulations as well as key government documents, was to allow DHS the unfettered authority to repudiate agreements unilaterally in the name of a ‘flexible’ system to meet the nation’s ‘post 9/11’ demands.  Instead, the government now seeks to rationalize its labor relations system based on the after-the-fact “unadorned speculation” of government counsel.  Further, the government failed to list all portions of the regulations which violated the court’s August decision by attempting to implement specific sections which allowed DHS to supercede collectively bargained for agreements.  Finally, the government’s motion to narrow the injunction impermissibly ‘adjusts’ the DHS Human Resources System, which requires additional collaboration with the unions and further notice to Congress.

We will keep all advised of developments when the court rules on the government’s motion.