NTEU asks court to set deadline on DHS personnel rules

The National Treasury Employees Union has asked a federal court to order the Homeland Security Department to report on plans for its performance-based personnel system no later than Jan. 24, 2009 — the date on which DHS’ authority to implement a new personnel system expires.

NTEU’s request was a response to a “defendant’s status report” that DHS filed Jan. 16 with the U.S. District Court for the District of Columbia in litigation over the system’s labor-relations regulations. The status report declared that “as of this time, the agencies have made no decision as to whether to revise or abandon these regulations.”

The DHS filing also notes that the recently passed Consolidated Appropriations Act of 2008, which funds DHS, bars the department from using any appropriated funds for the system, called the Human Capital Operations Plan, until any pending litigation is resolved.

NTEU is the lead plaintiff in the lawsuit, filed in 2005, when DHS published its final regulations to implement new labor-relations rules as part of the larger overhaul of its personnel system authorized by Congress when it created the department in 2002.

Last year, the U.S. District Court of Appeals for D.C. uphold a lower-court decision that the system, then known as Max-HR, would illegally curtail collective bargaining rights for employees. The lower court has retained jurisdiction in the case to consider any new labor-relations regulations that the department might devise.

Colleen Kelley, NTEU president, said if DHS doesn’t issue new regulations by Jan. 24, 2009 — which marks the end of the agency’s authority to act under the law that created DHS — the court should dismiss the lawsuit.

Featured

  • Cybersecurity

    DHS floats 'collective defense' model for cybersecurity

    Homeland Security Secretary Kirstjen Nielsen wants her department to have a more direct role in defending the private sector and critical infrastructure entities from cyberthreats.

  • Defense
    Defense Secretary James Mattis testifies at an April 12 hearing of the House Armed Services Committee.

    Mattis: Cloud deal not tailored for Amazon

    On Capitol Hill, Defense Secretary Jim Mattis sought to quell "rumors" that the Pentagon's planned single-award cloud acquisition was designed with Amazon Web Services in mind.

  • Census
    shutterstock image

    2020 Census to include citizenship question

    The Department of Commerce is breaking with recent practice and restoring a question about respondent citizenship last used in 1950, despite being urged not to by former Census directors and outside experts.

Stay Connected

FCW Update

Sign up for our newsletter.

I agree to this site's Privacy Policy.