Union files Supreme Court appeal of NSPS lawsuit

Union files Supreme Court appeal of NSPS lawsuit

A federal labor union on Monday filed an appeal with the Supreme Court against the Defense Department's new personnel system.

The American Federation of Government Employees filed a petition with the high court, asking it to hear a case on the legality of the National Security Personnel System's labor relations rules for civilian employees.

In May, a panel of judges for the U.S. Court of Appeals for the District of Columbia ruled that under the 2004 law allowing NSPS, Defense has the authority to limit the collective bargaining rights of its civilian employees through November 2009. In August, the coalition's request for a full court review of that ruling was denied.

The union's move comes just weeks after Congress passed authorizing legislation that would restore the collective bargaining and appeal rights of employees and modify the way across-the-board and performance-based pay increases are awarded. While the union called the legislation "an acceptable compromise," it indicated plans to move forward with the Supreme Court petition if the legislation was not signed by Jan. 7 -- the Supreme Court-issued deadline for an appeal.

Last week, President Bush pocket-vetoed the authorizing legislation over an unrelated provision that would open up the Iraqi government to lawsuits.

AFGE has pursued the case with eight other unions in the United Defense Workers Coalition. But in weighing a Supreme Court appeal, the other unions dropped out of the case, noting fear that an unfavorable ruling by the high court could set a broad precedent that could hinder the ability to negotiate in the federal sector.

COMMENTS

  • What were the benefits for CSRS people to change over to FERS? The government predicted FERS was a better program! I did not change over. What are the benefits to go with NSPS?
  • Big Sky - yes the unions have done so much for us. Dental/Vision insurance? I was always free to pay the full cost of it on my own - big deal. We get no transit subsidy or child care subsidy in Southern Maryland. Our perks and benefits have eroded over time and promises made to the guys nearing retirment when they joined the government have been forgotten. They said they were not supposed to have to pay for Health insurance when they retired, they do now. Their military service was to be counted but now it isn't unless they pay for it. They now have to be under Medicare, instead of just the FEHB. Comp time for travel is a laugh, when or how do you think we are going to get the work done with the diminished work force. I know you guys don't care but there is a war going on and we do want to support the troops! By the way, we really want to thank you guys for supporting the Clintons, what we need is another 50% cut in the workforce in DOD. Really loved it, the way it broke up our families and caused so many of our co workers to lose their jobs was wonderful. Keep up the good work. Don't even try to look into the background of the candidates to find an individual with a record at least "neutral" toward the Feds! Don't dare say the federal workers support the Clintons!
  • It always amuses me to read comments from naysayer's of the bargaining unit-union. Why? Because these same naysayer's are right there at work every day, happily reaping so many of the perks and benefits that have resulted from the union's taking the case and advocating for the federal workforce. That's right, kiddies, just keep on enjoying all of those little benefits the union so strongly pushed, fought and/or vehemently supported: Flexible work schedules, telework initiatives, childcare assistance programs, transit subsidies, equitable contracting out competitions between public/private sector, flexible spending accounts, expanded dental-vision care, expansion of contributions & ability to modify contributions to the TSP, family friendly leave, locality pay, reasonable accommodation, employment for people with disabilities, whistleblower protection, workplace safety issues, annual pay raises, the right for federal employees to earn compensatory time for business travel outside normal work hours...the list goes on and on. So please by all means, go ahead and continue to enjoy!!