Defense Unions Seek Rehearing of NSPS Case

Tuesday, July 3, 2007

FOR IMMEDIATE RELEASE                                     

Contact: Randy Erwin, NFFE Legislative Director

Phone: (202) 257-0948

Washington, DC – Yesterday, the National Federation of Federal Employees (NFFE) and other unions representing Department of Defense (DoD) workers filed a Petition for Rehearing En Banc in the United States Court of Appeals for the District of Columbia in regard to AFGE, et al., v. Gates.

The unions are seeking a rehearing of the May 18th ruling by this court that upheld DoD’s new personnel and labor relations rules.  The decision created a conflict within the circuit of an earlier decision in NTEU, et al., v. Chertoff.  This petition seeks to have the entire court review the discrepancies between the DoD decision and the earlier decision involving personnel rules at the Department of Homeland Security.

“The NSPS Appeals Court decision runs completely contrary to existing case law,” said Richard N. Brown, NFFE president.  “This decision allows the Secretary of Defense to define collective bargaining however he wants to, when collective bargaining is a very well-defined term of art.” 

The court will now decide whether or not to rehear the case.  It could take just a couple of weeks up to several months for the court to make their decision on rehearing.

“It is our sincere hope that the full DC Appeals Court will rehear this case,” said Brown.  “Basic rights for over 800,000 Defense workers are on the line.  This case deserves consideration from the entire court.”

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