Colleen M. Kelley Statement on Decision Ruling New Personnel System at DoD Unlawful

Press Release February 27, 2006

I am pleased to note another important court victory for collective bargaining in the federal sector—this one, in the case involving the proposed National Security Personnel System (NSPS) covering Department of Defense employees. This is another decision that shows clearly, once again, that this administration cannot simply disregard the laws that require it to ensure federal employees’ collective bargaining and due process rights. It is especially gratifying to see that so much of federal court decision released today, which struck down key components of the NSPS system, relies upon the reasoning and language of NTEU v. Chertoff. In that case, NTEU, as lead counsel, successfully challenged similar unlawful personnel rules sought to be imposed on employees of the Department of Homeland Security.

The decisions of the federal courts in these cases impose significant barriers to the administration’s plan to extend similar, regressive personnel rules throughout the federal government. They also vindicate NTEU’s consistent argument that the White House has clearly overstepped its authority in attempting to take away longstanding federal employee rights. NTEU will continue to lead the fight against all efforts to deprive the federal employees it represents at DHS and elsewhere of their collective bargaining and due process rights.

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