GovernmentExecutive.com

House and Senate conferees on Thursday passed authorizing legislation that would restore the collective bargaining and appeal rights of employees under the Defense Department's new personnel system.

The final version of the fiscal 2008 Defense authorization bill, which went to conference committee in October, includes language that would restore collective bargaining and appeal rights under the National Security Personnel System. It also would exempt all wage-grade employees from NSPS.

"The conferees for the Defense authorization bill have addressed the numerous inequities in labor relations and employee rights that were created by the department's regulations establishing NSPS," said John Gage, president of the American Federation of Government Employees.

Federal labor unions have been pressuring Congress to restore the rights, especially after a three-judge panel of the U.S. Court of Appeals for the District of Columbia ruled in May that the department has the authority to limit rights through November 2009. In the meantime, AFGE has been weighing an appeal of that ruling to the Supreme Court.

"While we did not get everything we asked for [in the bill], it is an acceptable compromise to the members represented by AFGE," Gage said.

Last month, the Supreme Court extended AFGE's deadline for filing an appeal, giving the union until Jan. 7, 2008. Other unions representing Defense employees are skeptical about the appeal, noting that an unfavorable ruling could set a broad precedent that could hinder the ability to negotiate in the federal sector.

Still, AFGE General Counsel Mark Roth told Government Executive last month that should Congress pass authorizing language that would restore collective bargaining and appeal rights, an appeal to the high court likely would be unnecessary.

"If [passage of the bill] occurs prior to Jan. 7, we will likely have no reason to file," Roth said. "If it does not happen, we will proceed with the petition."

Asked Friday if the provisions in the final bill would override a Supreme Court appeal, AFGE would not specify. The legislation still must be approved by the full House and Senate, after which it would move to the president's desk.

"Our general counsel probably will wait until the legislation is signed by President Bush before making that determination," said Enid Doggett, a spokeswoman for AFGE.

NSPS officials said Friday that they are pleased to see the language of the bill. "We are currently analyzing the information to better understand how it will allow us to move forward," said Tara Landis, a spokeswoman for NSPS.

COMMENTS

• Dec 28 NSPS Transition Manager, check your post... Research? Check. Response based in fact? Check. Response "just opinion based on rumor and ignorance of NSPS"? WRONG Fact. Supervisor rated employee as "Exceeds Expectations" on 2 of 3 and " Meets Expectations" on third of 3 performance measures. Fact. Employee was "marked down" to "Meets" on all three. Fact. This "Valued" Employee falls behind EVERY GS employee in same region as a result of pay for performance. Fact. You cannot convince me in your wildest dreams that the way THIS P4P system was conceived or is being implemented is FOR REALS better than, or even favorably comparable to the old system. Opinion (mine). You have swallowed the bait, or the pudding, or the kool aid. Opinion (mine). DOD will have to get much better at hiring because they'll have alot more of it to do when all of those who used to "show up just to pick up" their pay checks leave for jobs that might enable them to remain competetive. Amazed by the Lemmings Posted January 14, 2008 11:24 AM
• Recently, a 3-star general visited our installation and gave the stump speech on how wonderful NSPS is working throughout the DOD...I told him, "you're right, it's the best personnel system DOD has ever had. So when are the military officers going to be placed under a pay-for-performance system? After all, there are great captains, colonels and generals, average ones and poor ones. Shouldn't the average and poor officers receive significantly less pay increases than the great ones?" Not surprisingly, the general was completely speechless. Hypocrites... DOD Pessimist Posted December 28, 2007 10:26 PM
• I truly wish that people who post comments to articles or in response to others took the time to research the subject because they did so. All the responses to this posting are not based in fact. They are just opinions based on rumor and ignorance of NSPS. The fact is NSPS is a performance based system. Do your job and get rewarded and if you don’t you may want to find a new job. I know this is a new concept to many in federal service, but welcome to the real world. NSPS Transition Manager Posted December 28, 2007 3:09 PM