DoD to Delay Implementation of NSPS

Wednesday, September 12, 2007

FOR IMMEDIATE RELEASE                                     

Contact: Randy Erwin, NFFE Legislative Director

Phone: (202) 257-0948

Washington, DC – Yesterday, the Department of Defense (DoD) put out a release stating that the Department “has no plans to implement the adverse actions, appeals and labor relations portions of the National Security Personnel System (NSPS) at this time.”

On July 2, 2007, unions representing DoD employees filed a submission with the Court of Appeals for the D.C. Circuit requesting a review of the Court's decision regarding the NSPS case.  That request was not granted by the Court.  A sister union filed a request with the Court of Appeals for a stay on the issuance of the mandate that is necessary to implement the May 18, 2007 decision of the Court of Appeals, but that request was also denied by the Court.  When the Appeals Court issues the mandate, which is expected to happen in the next few days, DoD will then be able to start implementation for bargaining unit Defense workers.

Despite the authority DoD will soon have to implement NSPS, the Department will not move bargaining unit workers under the system in the very near future, a few months presumably.  This delay is likely due to pending legislation in both the House and Senate versions of the fiscal year 2008 Defense Authorization bill that would fundamentally alter NSPS. 

“It is a relief to hear that DoD is not going to attempt to implement NSPS before the changes to the program are finalized,” said NFFE President Richard N. Brown.  “I believe they are doing the right thing in holding off implementation for a while.”

“It would be unfair to make collective bargaining agreements null and void when restoration of bargaining rights is very likely to be restored by Congress in the coming months.  Waiting to see how the legislation pans out is the responsible thing to do,” said Brown.

DoD’s release can be viewed here:

Established in 1917, the National Federation of Federal Employees is the oldest union representing civil service federal employees.  NFFE currently represents 90,000 federal employees government-wide, including 45,000 in the Department of Defense.  NFFE is affiliated with the International Association of Machinists and Aerospace Workers.

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