NAGE and the United DoD Workers Coalition (UDWC) Chart Future Course in the Fight Against NSPS
August 17, 2007
On Friday, August 10, the United States Court of Appeals for the District of Columbia denied a request from Defense unions to rehear the case regarding the legality of the National Security Personnel System (NSPS). The Appeals court decision overturned an earlier ruling that found major parts of the Pentagon’s new personnel plan inconsistent with law.
Over the last several days, NAGE and a coalition of 35 other unions that represent Defense workers have been weighing the costs and benefits of pursuing further legal action. The last possible recourse in this case is an appeal to the Supreme Court. However, an appeal to the nation’s highest court does not come without considerable risk. A particularly bad ruling in the Supreme Court could be permanently damaging to the right of workers to bargain collectively in the federal sector.
Also weighing heavily into the decision is the current makeup and past performance of the Supreme Court. Given the Court’s recent track record on labor cases, it is unlikely that the Supreme Court would hear the case. Furthermore, if they did hear the case, the Court would more than likely uphold the Appeals Court ruling. All of these factors make an appeal to the Supreme Court an option of last resort.
These risks are being considered in light of the fact that Congress has taken steps this year to significantly diminish the scope of NSPS. The 2008 Defense Authorization bill includes language to scale back collective bargaining, employee appeals, and certain compensation pieces of NSPS. The House of Representatives has also stripped funding for implementation of NSPS in the fiscal year 2008 Defense Appropriations bill. While nothing is certain, the likelihood of favorable legislation regarding NSPS this year is good.
Despite the considerable risk involved in an appeal to the Supreme Court, the option is still being carefully considered by both the NAGE leadership and the UDWC. A decision on this matter will be made in the coming days.
Regardless of the course of action chosen, NAGE will continue this fight for as long as it takes to ensure fairness and dignity for Defense workers. As always, we need and greatly appreciate the support of all of our members in this battle, which is far from over. Please contact your union representative to find out how you can help in this fight.